Updated: 30 April 2019
IMPORTANT NOTE: THESE TERMS CONTAIN A LIMITATION OF LIABILITY (SECTIONS 17-18), ARBITRATION CLAUSE (SECTION 19), AND CLASS ACTION WAIVER (SECTION 20) WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
- 1) Acceptance of Terms
- 2) Changes to These Terms and Other VidCon Guidelines or Policies
- 3) Eligibility
This Site is intended for lawful use by persons over thirteen (13) years of age. If you are under the age of thirteen (13) please discontinue using this Site immediately.
To use the Site, you must be of legal age to form a binding contract, or have obtained your parent or guardian’s permission to use the Site and gotten your parent or guardian to agree to these Terms on your behalf.
- 4) Account Registration
You may be required, or have the option, to sign up for an account with VidCon. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your account, including for any actions taken by persons to whom you have granted access to your account. You are responsible for maintaining the confidentiality of your account credentials, including account names and/or passwords, where and when applicable to the Site. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
- 5) Communications
You consent to accept and receive communications from us, including email, text messages, calls, and push notifications if you provide VidCon with an email or cellular telephone number. Such communications may include, without limitation, requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support and marketing or promotional communications. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt out of receiving promotional email communications we send to you by following the unsubscribe options in such promotional emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You do not have to continue to consent to receive promotional texts or calls in order to use the Site.
You may opt out of text messages from VidCon at any time by texting STOP in response to any such text message. You acknowledge that opting out of receiving communications may impact your use of the Site.
- 6) Privacy
- 7) Purchase of Products and/or Services.
- 8) Modification & Termination
We may also terminate your authorization to use this Site and any authorized use of Site Materials for convenience. If we do so, we will provide you with advance notice as required by law. We may add or remove, suspend, stop, delete, discontinue or impose conditions on the Site or any feature or aspect of the Site. Where doing so will have a material effect on your existing rights and obligations or the material terms of the Site, we will, to the extent required by applicable law, provide you with reasonable advance notice by email.
You can terminate your use of the Site at any time by ceasing further use of the Site.
- 9) Intellectual Property; Limited License to Users.
Use of Site Materials. Except as indicated to the contrary on the Site, you may view, download, and print the Site Materials available on the Site subject to the following conditions:
- The Site Materials may be used solely for personal, non-commercial, informational purposes;
- The Site Materials may not be modified or altered in any way;
- The Site Materials may not be distributed or sold, rented, leased, or licensed to others;
- You may not remove any copyright or other proprietary notices contained in the Site Materials;
- VidCon reserves the right to revoke the authorization to view, download, copy, and/or print the Site Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from VidCon; and
- Any rights granted to you by VidCon constitute a license and not a transfer of title.
Important Exceptions. Various sections of the Site may be subject to a third party’s copyright, trademark, or other intellectual property rights, and are for display and demonstration purposes only (“Third Party Content”). You may not download, use, copy or print Third Party Content unless there is a notice associated with the Third Party Content work expressly permitting downloading, use, copy and/or printing. The rights specified above (i.e., the right to view, download, and print the Site Materials and Third Party Content available on this Site) are not applicable to the design or layout of this Site. Elements of this Site are protected by copyright and other laws and may not be copied, reproduced or imitated in whole or in part.
Trademark Information. The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of VidCon or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark.
- 10) User Content
You may not post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
VidCon has sole discretion, acting reasonably, to remove content without notice if you breach any of the restrictions outlined above, if the applicable subscription or license has expired or lapsed, or if such deletion is necessary to comply with the law or to protect the rights of VidCon or others. VidCon may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit content, and (ii) the substance of any content. To the maximum extent permitted by law, VidCon will have no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. VidCon also disclaims all liability with respect to the misuse, loss, modification, destruction, or unavailability of any of your content.
- 11) Intellectual Property Infringement
We respect the intellectual property rights of others and ask you to do the same. VidCon responds to all valid notices of such copyright and trademark infringement, and it is VidCon’s policy to suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others. Nothing in this policy is intended to limit or exclude VidCon’s and your rights under applicable laws, including the Copyright Act 1968 and the Trade Marks Act 1995 in Australia. If you believe that third party material posted on or accessible through the Site constitutes infringement of your copyright or trademark rights, please send a written notice of infringement to firstname.lastname@example.org.
The written notice must specify the nature of the copyright or trademark infringement and include the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) (i) with respect to copyrights, a description of the material that you claim has been infringed; or (ii) with respect to trademark rights, a description of the material you claim has been infringed, including the basis for your claim of such rights, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction in which you claim such rights and the category of goods and/or services for which you claim such rights; (c) identification of the claimed infringing material, including the location of such material on VidCon’s applications, websites or services; (d) contact information, including the name of the owner of the copyright or trademark and your name, title, address, telephone number and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner. By submitting an infringement notice, you acknowledge and agree that VidCon or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material.
If your material has been removed or disabled as a result of an infringement notice and you believe such material is not infringing, or that you have the authorization or right to post and use that material from the copyright or trademark owner, that owner’s agent, or pursuant to law, you may send a counter-notice to VidCon’s designated agent at the address above. The counter-notice must include: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which VidCon may be found and that you will accept service of process from the person who provided notification of infringement or an agent of such person. VidCon or its designated agent will forward your counter-notification to the party who submitted the infringement claim. If the claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from VidCon, then VidCon may reinstate the removed or disabled material.
- 12) Third Party Materials
In addition to the Products and Services offered by VidCon, this Site also advertises, offers, or makes available information, products and/or services provided by third parties (collectively, the “Third Party Materials”). Third Party Materials are governed by separate agreements or licenses with the Third Parties. VidCon offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including without limitation any liability resulting from incompatibility between Third Party products and/or services and the products and/or services provided by VidCon. You agree that you will not hold VidCon responsible or liable with respect to the Third Party Materials or seek to do so.
- 13) User Conduct
By using the Site, including without limitation all Products and Services available through the Site, you agree as follows:
- to follow any guidelines as laid out in VidCon’s Code of Conduct;
- to use the Site in a manner that complies with all laws, regulations, and rules that apply to you;
- not to use the Site, directly or indirectly, for any fraudulent undertaking;
- to provide accurate and truthful information to VidCon in connection with the Site;
- not to disrupt or interfere with any other user’s use or enjoyment of the Site or affiliated or linked sites;
- access or monitor any material or information on any VidCon system using any manual process or robot, spider, scraper, or other automated means, unless you have separately executed a written agreement with VidCon referencing this;
- except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on the Site, work around, bypass, or circumvent any of the technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble or otherwise reverse engineer the Site;
- not to upload or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another’s account, password, services, or systems;
- not to attempt to transmit any content which you are not authorized to transmit and/or infringes on any third party’s rights; and
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Products and Services, Site Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
- not to post any content that libels, defames, invades privacy, or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling, or engages in any gambling activity
If we reasonably suspect that you have used for the Site for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your account, and any of your transactions with law enforcement authorities.
- 14) International Users
This Site can be accessed from countries around the world and may contain references to VidCon Products and Services that are not available in your country. These references do not imply that VidCon intends to announce or provide such Products or Services in your country. The Site is controlled, operated, and administered by VidCon from its offices within the United States. VidCon makes no representation that the Site, or the Site Materials, Products, and Services appearing on or available through the Site, are appropriate, legal, or available for use at other locations outside Australia, and access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited. If you access the Site from a location outside Australia, you are responsible for compliance with all applicable laws, including without limitation applicable export control laws. You may not use the Site if you are a resident of a country embargoed or sanctioned by Australia or the United States, or are a foreign person or entity blocked or denied by the Australian or United States government. Unless otherwise explicitly stated, all materials found on the Site and VidCon’s Australian websites are solely directed to individuals, companies or other entities located in Australia.
- 15) Indemnity
- 16) DISCLAIMER OF WARRANTIES
“Consumer Guarantee” means a guarantee provided to a Consumer applicable to goods or services supplied or to be supplied under these Terms by operation of the Australian Consumer Law, including any Express Warranty.
TO THE EXTENT PERMITTED BY THE AUSTRALIAN CONSUMER LAW, THE SITE AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THE SITE ARE PROVIDED “AS IS” AND VIDCON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
VIDCON DOES NOT GUARANTEE THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTIONS AND TRANSMISSIONS WILL BE ERROR-FREE. IN ADDITION, VIDCON MAY TAKE SOME OR ALL OF THE SITE DOWN FOR PLANNED REPAIR OR MAINTENANCE FROM TIME TO TIME. VIDCON WILL USE COMMERCIALLY REASONABLE EFFORTS TO NOTIFY YOU PRIOR TO SUCH PLANNED REPAIRS OR MAINTENANCE.
INFORMATION ON THIS WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS, TECHNICAL INACCURACIES OR OTHER ERRORS AND MAY NOT BE ACCURATE, COMPLETE OR CURRENT.
VIDCON DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE SITE; VIDCON MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR THIRD PARTY CONTENT, PRODUCTS, OR SERVICES; ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND VIDCON SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.
- 17) Australian Consumer Law – Limitation of Liability
Where you are a Consumer, VidCon’s liability for breach of a Consumer Guarantee is limited to (at our election):
- In the case of a supply of goods: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or acquiring equivalent goods; or (iv) paying the cost of having the goods repaired; and
- In the case of a supply of services: (i) resupplying the services or (ii) paying the cost of having the services supplied again.
- 18) LIMITATION OF LIABILITY
If the Consumer Guarantees apply, VidCon’s liability is limited in accordance with Section 17.
In all other respects, and to the maximum extent permitted by law:
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL VIDCON AND/OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, LICENSORS, PARTNERS, CONTRACTORS, ADVISORS, SUPPLIERS AGENTS AND/OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURIES AS A RESULT OF YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT VIDCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR WHETHER SUCH DAMAGE IS FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. YOU AGREE THAT VIDCON’S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO VIDCON FOR THE USE OF THE SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND ACCORDINGLY THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
- 19) ARBITRATION
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH VIDCON AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. In the event of a dispute, VidCon or you must provide the other notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to VidCon by email to email@example.com and firstname.lastname@example.org and by mail to VidCon, 1515 Broadway, New York, NY 10036 USA Attention EVP and General Counsel. To the extent that VidCon has your contact information, it will send any such notice to you by mail and your email address.
The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.
Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the state in which you reside. For residents outside Australia, arbitration shall be initiated in New York, New York USA.
Arbitration Rules and Forum. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the EVP and General Counsel, VidCon, 1515 Broadway, New York, NY 10036 USA. The arbitration will be conducted by a single arbitrator. The arbitration shall be governed by the Resolution Institute Arbitration Rules, as varied by this Section 19. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state or territory’s law.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, VidCon will pay the additional cost. VidCon shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless VidCon is specifically required to pay such fees under applicable law.
If VidCon’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the Resolution Institute Arbitration Rules, solely based on documents submitted to the arbitrator.
Consumer claimants (individuals whose use of the Site is intended for personal, family or household use) may elect to pursue their claims in their local small-claims tribunal rather than through arbitration.
Parents, Subsidiaries, Affiliates. This Arbitration Section will also apply to any disputes involving any present or future parent, subsidiary, or affiliated company of VidCon, or any employee, officer, director, or investor of VidCon, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to this Agreement (such as with respect to their validity or enforceability), the Site, any person’s access to and/or use of the Site, and/or the provision of content, products, services, and/or technology on or through the Site.
Changes to This Section. VidCon will provide thirty (30) days’ notice of any changes to this section by posting on the Site, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Site or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Binding Individual Arbitration,” and the court or arbitrator shall apply the first Binding Individual Arbitration section in existence after you began using the Site.
Severability. Subject to Section 20, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- 20) WAIVER OF CLASS OR CONSOLIDATED ACTIONS
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
VidCon and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. VidCon and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.
The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other VidCon customers, and cannot be used to decide other disputes with other customers.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Los Angeles, California.
If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of VidCon, or any employee, officer, director, or investor of VidCon, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.
This Class Action Waiver section shall survive any termination of your account or the Site.
- 21) Governing Law and Venue
- 22) General
- 23) Contact Us
If you have any questions, complaints or claims with respect to the Site, please contact us at email@example.com.